'I consider this tribunal and indictments false'

12:01AM BST 04 Jul 2001

THE hearing yesterday lasted 12 minutes with, aside from translators, only Judge Richard May and Milosevic speaking. This is an unofficial transcript.

The court president (British Judge Richard May): "This is the initial appearance of the accused in this case upon his transfer to the tribunal. The hearing is to be conducted in accordance with the rules of procedure and evidence of the tribunal, rule 62.

"Mr Milosevic, I see that you are not represented by counsel today; we understand that this is of your own choice. You do have the right, of course, to defend yourself, you also have a right to counsel, and you should consider carefully whether it's in your own best interests not to be represented.

"These proceedings will be long and complex, and you may wish to reconsider the position. In these circumstances, if you wish to have time to consider whether you want to have counsel or not, we would be prepared to give it to you. Now, do you want some time to consider now?"

Milosevic (in English): "I consider this tribunal false tribunal and indictments false indictments. It is illegal being not appointed by UN General Assembly so I have no need to appoint counsel to illegal organ."

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President: "Mr Milosevic, in due course you will have the chance to put in motions challenging the jurisdiction or any other preliminary matters which you wish to do, but we take it that you wish to proceed today without counsel, although it's a matter which you may wish to reconsider in due course.

"This initial appearance is simply to deal with these matters, first of all the indictment itself, and secondly for you, if you wish, to enter your pleas of guilty or not guilty to it. The first matter is the indictment.

"As you may know, you have the right to have the indictment read out now into court before you plead to it. This is a right which you may also waive. Now, do you want to have the indictment read out or not?"

Milosevic (In English): "That's your problem."

President: "Mr Milosevic, you are now before this tribunal, and you're within the jurisdiction of it. You will be tried by the tribunal; you will be accorded the full rights of the accused according to international law, and the full protections of international law and the statute . . ."

President: "The trial chamber will treat your response as a waiver of your right to have the indictment read out. The next part of the procedure is to move towards having that indictment put to you.

"Mr Milosevic, you may if you wish have time to consider your plea. The rule allows you up to 30 days to do so, if you don't understand the matters to which you have to plead or you wish to consult counsel before entering a plea.

"On the other hand you may enter a plea today. Now, do you want to enter pleas today, or are you asking for an adjournment to consider the matter further?"

Milosevic (In Serbian, via court translator): "This trial's aim is to produce false justification for the war crimes of Nato committed in Yugoslavia."

President: "Mr Milosevic, I asked you a question: do you wish to enter your pleas today or are you asking for an adjournment to consider the matter further?"

Milosevic (In Serbian) "I have given you my answer. Furthermore this so called tribunal is . . ." (remainder faded down)

President: "The rules state that if an accused fails to enter a plea, then the trial chamber shall enter a plea of not guilty on his behalf. Mr Milosevic, we treat your response as a failure to enter a plea and we shall enter pleas of not guilty on each count on your behalf."

Milosevic (In Serbian): "As I have said, the aim of this tribunal is to justify the crimes committed in Yugoslavia. That is why this is a false trial, an illegitimate one . . ."

President: "Mr Milosevic, this is not the time for speeches. As I have said, you will have a full opportunity in due course to defend yourself and to make your defence before the tribunal. This is not the moment to do so. This matter is now adjourned.

"The next hearing will be a status conference which will take place in the week commencing the August 27 unless the trial chamber orders an earlier hearing.